NC0045471_Enforcement_20110601

A LT X-A
iWLYAV. FILE
NCDENR
ar
North �,,rtro'Hffla DeparoTi,cnt and �Natural Resourcn'
Division of �Vater Quality
Beverly E`a%,es Perdur,,, col'?'Q�T H, SuMns Dee F1'woan
(Jo-vernor Director
June 1, 2011
CERTIFIED MAIL 7009 2250 0004 3266 3672
RETURN RECEIPT RE01JESTED
Mr, Don S. Kelly
Barium Springs Horne for Children
Post Office Box I
Barium Springs, North Carolina 1-80 10
SUBJECT, Notice of Violation and Assessment of Civil
Penalty ,for Violations of N.C. General StatUte
1433-215, 1 a)(6) and NPDES Pennit No, NC0045471
Barium Springs Horne for Children WWTP
Tredell County
Case No. LV-2011-0149
Dear Mr. Kelly�
This letter transmits a Notice of Violation and assessment of civil penalty in the,11110LInt ofS336,74
($250.00 civil penalty + $86.74 entorcernent costs) against Barium Springs Home for Children.
This assessment is based Upon the follm',ving facts: A review has been conducted of the self -monitoring
data reported for February 101 L This re�'iewhas shown the sub ject facility to be in violation (if tile dlschar(,'e
limitations found in NPDES Permit No. NCOO-45471, The violations are summarized. in Attachment A to this
letter.
Based upon the above facts. I conclude as as matter of law that Barium. Springs Florne for Children
C�
,,,iolated the terms, conditions, or requirements of NPDES Penrlit No. NCO04,5471 and North Carolina General
Statute (G.S.) 1433-2115.1(a,)(6) in the manner and extent shown in Attachnient A. A civil penalty may be
assessed in accordance with the nlaxinlUrns established by G.S, 143-215,6A(a)(3),
Based upc')n the abovefind1ngs of frictanconclusiosof l, ad in accrdane )Ait11 a1t11( )1 t- provided by the Secretary of the Department of Environment and Natural Resources and the Director ofthe
Division of Water Quality, 1, Robert. 13. Krebs, Surface Nk'ater Protection Regional Supervisor for the
N'Tooresville legion, hereby make the folloxving civil penalty assessinentagainst Bariurn Springs Home for
Children:
Moon.�svift Rc.nmmil C',fi , ice
k)cauofv f, 10 ( nter Ave , livae 30 1 NK' '�'N' 1 1;.('04) 663-1699 , r,.,N ('04) 603-6040 CwAomer '�civjce. 1-977-613-6-4X -11�1)1"hh Cam � i im
An F14wd ()ppiotmoy 'A I firmau'e jlkkc'!"n Ye I ,Y% P"il (0111S�Mlepaocl

7'5utf For � l � of the one (I) violation of G.S. 143-215.1)a)(6) and
N1'TfES Permit No. NCO045471, by discharging waste into the
waters of the State its violation of the permit t ionthly average
effluent limit ices° araamoraia Nitrogen.
250-00 TOTAL CIVIL PEINALTY
86,7 -. Enforcement costs.
Pursuant to G.S. 143-21.l~a,~ (). in determining the amount of the la enalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set fcarth at G.S, 14 1 -� '2.Ithj which are:
(I) The degree and extent of laarni to the natural resources of the ;Mattes to the public la aaltl ,cat to
private property resulting from the violations.,
(2) The duration and gravity of the violations{
(1) The effect on ground or surface water quantitV or quality or on air tlaalit ,a
(4) `fhe east of rectifying the damage
{ ) The amount of itaoney saved by noncompliance;
(6) Whether the violations xere ccammitted willfully or intentionally-
(7) The prior record of the violator in ccataapl or failing to cast pIN with programs over which the
Envirortmental Management t: ominission has reoula ory authority, and
( ) The cost to the State of the enforcement procedures
V�t.hin thin-y days ofreceipt of this notice, you must do one of use following:
t Submit payment of the penalty*
Payrnent should be made directly to the order of the Department of Environment and Natural
Resources (chc) not include rr°crivei~; rar nr ),. Payment of the penalty witl not for•eclose further
enforcement action for any continuing or new iolation(s).
Please submit payment to the attention of
Point Source C orra taance/Enfo rceni nt.tfnit
Division ofWater Quality
1617 hail Service Center
Raleigh, North Carolina 27699-( 1
Cl

r
2. Submit a written request for remission including as detailed justification for such request:
Please be aware that a request f'or retnission is linuted to consideratiort of the five factors listed
below as they may relate to the reasonableness of the arnount ofthe penalty assessed -
Requesting remission is not the proper procedure foroontesting, whether the vioiation(s) occurred
or the accuracy of any of the factrial statements contained in the civil Penalty assessment
docunient. Because a remission request forecloses the option of an administrative hearing, such
areqUeSt must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that no factual or legal issues are in dispute, Please prepare a detailed statement that
establishes why -y.ou believe the civil penalty should be reunited, and submit it to the Division of
'X`ater Quality at'the address listed below, bi determining whether a remission request will be
approved, the following factors shall be considered:
whether one or more ofthe civil penalty assessment factors in GS, 143B-282A(b) were
vvrongfulty applied to the detriment of the petitioner,
(2) uliether the violator proniptly abated continuing, environmental damage resulting frorn
the violation-,
0f whether the violation -,vas inadvertent or as reSUh, of an accident
(4.) whether the violator had been assessed civil, penalties for arry previous violations-, or
(5) whether payment of the CiVil penalty wifl prevent payrnentfor the remaining necessary
remedial actions,
Please note that all Irtformation preset -tied in support of your request for remission mist be
,submitted in vvriting. 'rhe Director of the DINkion of V'ater Qualitywill review your evidence
and inform you of his decision in the matter of your rennssion request. The response "ill
provide details regarding, case status, directions for Payment. and provision for further appeal of
the penalty to the Enviroiini,ental.,�%,,,Iatiagemeiit Commission's Committee on Civil Penalty
Remissions (Coannittee). Please be advised that the Committee cannot consider inl'onnation that
Naas not part of the, original remission request considered by the Director. Fherefore,it: isper
y
important that you prepare a complete and thoi-OUgh statement in support 0fk0Ur requesit for
remission.
In order to request remission, youtriust cotriplete and submit the enclosed "W'aiver of Right to an
Administrative Hearing and Stipulation of Facts" forin, %vithin thirty (3) 0) da), s o freceipt of this
notice. T lie Division of Water Quality also requests that'vott complete and submit the enclosed
"Justification for Remission Request.;, Both forn-is should be SUbluitted to the following address:
Point Source C'oiiipliaiice'll-"tit'tircemeiit U)Init
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. File a petition for an administrative hearing with the Office (if Administrative flearings-
Ifyou wish to contest any statement in the attached assessment docunient you MUSt file a petition for all
administrative hearing® "ou rnay obtain the petition form from the Office"of Adiniiiistrative Hearings,
You must file the petition with the Office of Administrative Hearings within flnrtoll (30) days of receipt

of this notice, A petition is considered filed when it is received in the Office of Administrative fleari
during normal office hours. The Office of' Administrative Hearings accepts filings N1,1oriday through
Friday betvveen the hours of 8M a.rn. and 5-00 p.m,, except for official state holidays. The petition may
be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided the signed
ori,ainal', one (1) copy and as filim"I fee (if a filing fee is required by NNCGS § 15011-23,21) is received in the
Office of Administrative Hearings within seven (T) business days following the taxed or electronic
transmission. You should contact the Office of Administrativc Hearings Nvith all questions regarding (lie
filing fee and ' !or the details of the filing process. The mailing address and telephone and f,-,IX nUmbers
for the Office, of Adininistrative Fleartrigsare as follows;
Office ofAdministrative Hearings
6714 klait Service Center
Raleigh, NC '17699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on [)ENR as follows:
klary Penny'rnompson, General COLMSel
DER
1601 ktail Service Center
Raleigh, NC 1-7699-1601
Failure to exercise one of the as above within thirty (30) days of'reccipt of this letter, as evidenced
by an internal date/firne received starnp (not as postinark), will result in this matter heing referred to the Attorney
6eneral's, Office for collection of the perialry, through a civil action.
Please be advised that additional penalties rna-y be assessed for violations that occur after the
review, period of this assessment, If the vjolahons are of a C-0r tinutLic, nature, not rela ation. and' r ted tg op r to
maintenanr prisblerns, and you einedial cons tru con h, awish then you rnav ish to consider
_
qpply Ig tl)r a S eciaal Order b,, Consent, If vouhave anVMj!�L.,t ions abQU1 this Ci v assessment or a
v atTof the Nlooresville Reg�onal Office at
p CkLa 10 act the �X�ater Qqslljt
.r�(er t (��)nsent, Ljj�ase cow,
704/663-16K
(f)ate) Robert B. Krebs
Regional Supervisor
Surface %k-ater Protection
Nfooresville Regional )ffice
Division ofWaterQuality
ATTACIENIEN] S
cc: Mooresville Reamonal Office Compliance file NvIl" attachments
Raleigh ('oniptiaitice,�'Enf(.)rcciiietit File \vIl" attachments
Central

ATTACHMENT
CASE NO. 1,V-2011-0149
Outfall DateParameter Reported Value -permit Illit
1 tilt"?loll Ammonia Nitrocen 6,21 rang/ 4/0 t g/l
Denotes civil penalty assessment

C"Cat.l`l Y OF IREDELL A\-`D',\,xrt11RAL RESOURCES
IN THE ItIA'I"IEA 017 ASSESSMENT ' ENT WAIVER OFRIGHTTO A
OF CIVIL PENALTY AGAMST AMUNISTRATIVE HEARING AND
BARIUM 1'M PRIC.NGS HOME STIPULATIONOF FACTS
FOR CHILDREN
PLI N=IT r :~ACT. ('00 lf4 7 I l
FILE: NNO. L "-2011-{ 149
I ~-lima beets assessed civil penalties totaling $ 336.74fi)r violation(s) as set forth its the assessment
document cat the Division f Water Quality datedJun L__ , 011, the undersigned, desiring to seek remission of
the civil penalties, does hereby waive the right to air administrative hearing its -the above -stated matter and does
Sti1- Uhlte that the fats are; its alleged in the assessment document, The undersigned farther understands that all
evidence presented in support ofbrernission ofthis civil penalty must be submitted to the. Director of the
Division ofWtater Quality Av nhin 30 days of receipt of the notice of assessment. No neev evidence in support of
tt remission regUest Will he allowed alter 30 days from the receipt of the notice of assessment.
This the day of 2011
BY
TELEPHONE

JUSTIFICATION FOR RE MISSION BLQ;EST
DWQ Case Number: LV-2011-0149
Assessed,Party: Barium Springs Home for Children
County: bevell
Permit Number: NCO045471
Amount Assessed: S336.74
Please use this fonn when requesting remission of this civil penalty, You must also complete the. "RegL Lest I"or
Retnission, TVaiver formto request remission
of this civil penalty, You should attach any documents that you believe suppoit your request and are necessary
for the Director to consider in evalUating your request for remission. Please be aware, that a request for
remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of
the arnount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting
whether the violation(s) occurred or the accuracy of any of the factual statements contained in the ci-vil penalty
assessment document. Pursuant to N.C.G.S. § 14313, ILI(c), remission of at civil penalty may be granted only
when one or more of the following five factors applies. Please check each factor that you elieve applies t'O
your case and provide a detailed explanation, including copies of supporting docunients, as to w4y the factor
applies (attach additional pages as needed).
(a) one or more of the civ.. ..-)ena]tN,, assessrrtcnt factors in N.C.G.S. 14313-1-182,l_l'b) �vcre Nyroni, _afully
at)T)Iied to the detriment of the _pe�Ljtioncr (the assessment factors tire listed in the civil pentWt�° assessinent
doeumeno;
(b) Lh e a-e wa m LtLuLthe vL(,l(),, LkOx. m — C --
exj)lain the steps that yvit took to correct the violation andpreventfiaure occtirrencei;
(c) the violation was inadvertent or at result of an accident (i.e,, cxrdain Oty the violation q,as
unavoidableor soniethingyou could riot I)revent orprej)(Irefibe),-
(d) 1heviolator had not been assessed civil p.gnalties for an s violations,
(e) for the remaining nccessarN, remedial actions
(i. e., explain hoiv pats inent of the civil penah: u4l/ prevent you ftoyn per/brininq the acrivities necessary to
achieve com[,1Iitzncc).
EXPLANATION: (use additiona,11,?ages its necessaij)

NORTH CAROLINA DIVISION OF WATER,QUALITY
Violator Barium Sprius flome for Children
Facility: Barium Sprinvs Home for Children WWTP
County': Tredell
Case Number: L -2011.014
Permit Number: NCO045471
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
No harm has been documented. The facility is in violation of the monthly average effluent limit
ammonia nitrogen. Ammonia nitrogen exerts an oxygen demand in the receiving waters and: would also
e predicted to have a toxic impact aquatic life.
) The duration and gravity of the violation;
The violations occurred during the month of February 2011.' The arnmonia nitrogen monthly average
effluent limit was exceeded by 55 (limit of 4.0 mg/l, reported value 6.21 inIl), The facility was also its
violation of the effluent monthly average ammonia nitrogen limit in January 2011,
) The effect on ground or surface water quantity or quality or on airquality;
o impacts on ground water or air quality are expected. Downstream impacts such as stress to aquatic
life due to ammonia toxicity and lower available dissolved oxygen levels may he predicted. Nutrient
enrichinerit of the receiving strearn would also he a concern,
4 The cost of rectifying the dame
The cost is unknown.
) The amount of money saved by noncompliance;
o money appears to have been sassed by the noncompliance.
6) Whether the violation was committed willfully or intentionally;
The violation floes not appear to be willful or intentional.

The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatoryauthority; and
8) The cost to the State of the enforcement procedures.
Staff preparation ofenforcement package: 1 hour at .19rhour
S ly Regional Supervisor review. 1 hour at .55/hour
Clerical Support: .1 hour at 15.10/h ur
Total: $86.74
Date, RO Supervisor
Division of Water Quality'

fifirIMITrWirdr.' r2PPr)PT1MR) VtOl TIONS for, Report Date 05111111 Page 6 of 9
PERMIT: NCO045471
FACILITY: Barium Springs Home for Children - Barium Springs
COUNTY, Ire ell
REGION: Mooresville
Home WWTP
14
Limit Violation
J
P'j'� i p/p UNIT OF
41 911)� VIOLATIbN
CALCULATED
MONITORING OUTFALL/
REPORT PPI
'I"I
LOCATION PARAMETER DATE FREQUENCY MEASURE
LIMIT
VALUE A, OVER LIMIT
VIOLATION TYPE VIOi._A­NON ACTION
02-2011 001
E ffl uent Nitrogen, Ammonia Total (as L2 280 1 2 X I-nonth Mg/l,
4
6.21 55.25
Monthly Average Fxceeded None
N) - Concentration
SAD,
r
PERMIT: NCO025259
FACILITY: Carolina Water Service Inc Of NC - Lamplighter East
COUNTY: Mecklenburg
REGION: Mooresville
Subdivision VMTP
I-Irnit Vidation
MON11ORING ourFALL/
REPORT PPI
VIOLATION UNII OF
LOCATION PARAMETER DATE FREQUENCY MEASURE
LIMIT
CAI CULKFED
VALUE 1% OVER LIMI'l
VIOLATION TYPL VIOLATION ACTION
02-2011 U01
Effluent Flow, in conduit or thru 02128111 Continuous Frigid
O.07
O071 1,33
Monthly Ave nage Exceeded None
treatment plant
PERMIT: NCO065773
FACILITY: Aqua North Carolina Inc -Willows Greek WWTP
COUNTY. Mecklenburg
REGION: Mooresville
Limit Violation
MONITORING OUTFALL /
REPORT PPI
VIOLAJnN UNIT OF
LOCATION PARAMETER DATE FREQUENCY MEASURE
LIMIT
CALCULATED
VALUE % OVER LIMIT
VICLATION TYPE VIOLATION ACTION
02-2011 001
Effluent Nitrogen, Ammonia Total (as 02/28/11 Weekly mg/l
4
4.04 O94
Monthly Average Exceeded None
N) - Concentration